St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-02-09

at London to make representation OF the
regretaDle occurrences attending the lower
ing of the flag of the United States on the
Marion Grimes whilst under detention by
the custom house at Shelburn, n. S.. Oct.
II. This is followed by report from Gov
ernor General Lansdowne. dated Nov. IS,
1886. containing the approval of the privy
council. upon the action of the collection in
relation to the seizure of the Everitt Steel.
Lord Lansdowne sends to me, Stanhope. a
copy of an approved minute of the privy
council of Canada in the case of the United
States fishing vessel, Crittenden, which
grew out of an
ALLEGED DENIAL OF RIGHTS
guaranteed by the convention of 1918 by
the customs officer at Ship Creek, in the
straights of Canso, n. S. The customs
officer claimed that the captain of the Crit
tenden violated the laws by neglecting to
enter his vessel. and in landing and ship
ping man. The report states that the re-
mark made by the customs officer, THAT he
would seize the vessel" had reference solely
to the captains violations of customs regu-
lation. and, it is submitted, could not be
construed into denial of any treaty priv
ilegeS. Jan. 27 Secretary Bayard asks an in
vestigation into the charge that the schooner
Sarah Il. Prior was prevented by a Can
adam revenue cutter from entering the
port of MacPeque, P. E. l., to re-
cover lost seine. Minister West SUBJ
mits to Secretary Bayard a report dated
Jan. %, by the minister of justice of the
Dominion of Canada, upon the seizure of
the American fishing vessel David j.
Adams. Minister West, on Jan. % last,
sent to Mr.. Bayard communication from
Governor General Lansdowne in regard to
the cases of the Everett Steel and Pearl
Nelson, detained at Shelburne and Arichat,
n. S.. pliance with the custO ms
regulations Of the dominion. Lord La rs
doWne says in the case Of the Steel the
master
MADE NO EXPLANATIONS
when his vessel was seized and that she
was released as soon as he did so. In the
case of the Nelson, the crew landed before
the master reported at the custom house. a
thing which would, if allowed. admit of
smuggling. Nevertheless, when the master
said it was an madvertence, his vessel was
released and his fine RENTED. The COM
munication emphasizes the statement that
the British government does not desire to
curtaIl any of the privileges enjoyed by
United States fishermen in Canadian wa
terS. but it observes that there were lust
grounds for the action taken in respect to
the Nelson and Steel. Nov. 80. the Earl of
Iddesleigh Whites to Minister Phelps. saying
Great Britain is desirous Of a just settle
ment OF the fisheries question, is sorry not
to discover spirit OF mutual concession on
the part of the United States. and suggests
the submission of the details to commits
sion.
On Dec. 16 Lord Iddesleigh, in a COM
munication to Minister Phelps, transmits
the apology of the Canadian government
for having hauled down the flag of the
Marion Grimes. Abiding to the seizure Of
the Everett Steel.
LORD IDDESLEIGH SAYS:
Her majesty's government greatly regrets
that the incidents alluded to should occur and
they can only renew the assurance conveyed
to you in my note of the Both ult., that whilst
firmly resolved to uphold the uudoubted'
treaty of her majesty's North American sub
jects in regard to the fisheries, they will also
equally maintain the undoubted rights of the
United States fishermen to obtain shelter in
Canadian ports under such restrictions as
may be necessary to prevent their abusing
the privileges reserved to them by the
treaty.
He continues by saying that Mr.. Bayard
raises point which he, the writer, thought
was settled by the two governments in
1915, to-wit: That the right to the COM
mon enjoyment of the fisheries by Great
Britain and the United States was recog-
niZed by the treaty Of 1878, although the
exercise of that right was made subject to
certain restrictions. His lordShip observes
that the views OF Great Britain "have not
modified in any way on the subject since
1915. On Jan. 26, Minister Phelps write
to Lord Salisbury as follows:
1t seems now very important that before
the commencement of another fishing season
distinct understanding should be reached
between the United States government and
that of her majesty relative to the course to
be pursued by the Canadian authorities to-
ward American vessels. 1t is not without
surprise that l have read Lord Iddesleigh's
remark In q note above mentioned referring
to the treaty Of 1878 that her majesty's gov
ernment have not as yet been Informed in
what respect the construction placed upon
that instrument by the government of the
United States differs from their own Had his
lordShip peruSed more attentively my note
to his predecessor in Office, Lord Rosebery,
under data of June 2, 1886, to which refer
ence was made in my note to Lord Iddesleigh
of September, 1886. I think he could not
have failed to apprehend distinctly the con-
struction of that treaty, for which the gov
ernment of the United States contracted, and
the
REASONS AND ARGUMENTS
upon which il is founded. l have again to
respectfully refer your lordship to my note
to Lord Rosebery of June =, 1885, for a very
full and, l hope, clear exposition of the
ground taken by the United States govern
ment on that point. 1t is unnecessary to repeat
it, and am unable to add to it. 1t
is true beyond question that when a private
vessel is seized for an alleged infraction of
the laws of the country in which the seizure
takes place, and the fact of the infraction
and the exact legal construction of the local
a1.N
puted, and is in process of determination by
the proper tribunal. The government to
which the vessel belongs will not interfere in
advance of such determination, or before ac-
quiring the information on which it depends,
especially when it is not yet informed whether
the conduct of the officer making the seizure
will not be repudated by the government
under which be acts, so that interference will
not be necessary. The United States govern
ment cannot consent to be drawn at any
time into discussion of the subject with the
colonial government of Canada. The treaty
in question and ell international relations
arising out of it exist only between the gov
ernments of the United States and Great
Britain, and between these governments only
can they be dealt with.
The Row with Manning.
Special to the Globe.
WASHINGTON, Feb. S.-The GLOBE cor
respondent called on Gen. Weaver tonight
to learn what further steps had been or
would be taken in the proposed impeach-
ment of Secretary Manning. He was dis
inclined to talk, but said the complaint
against Mr.. Manning, so far as he was con-
cerned, had no connection with the silver
question but grew solely out Of what he
claimed to be palpable violation of the
act Of May 81, 1878, and the act of Aug. 4,
nirCr ho f TToi
notes of small denominations Gen. Weaver
WIS the author of the act of 1856 and of